Cases6022228/2025

Claimant v World of Books Group Limited

Outcome

Claimant fails

Individual claims

Interim Relieffailed

The claimant's application for interim relief was refused by Reserved Judgment sent on 24 July 2025. He then applied for reconsideration on grounds of procedural unfairness and errors of law. The tribunal found no reasonable prospect of varying or revoking the judgment and refused the reconsideration application.

Constructive Dismissalnot determined

The underlying claim of constructive dismissal mentioned in the reconsideration judgment has not yet been determined at final hearing. The interim relief application related to this claim was refused.

Whistleblowingnot determined

The judgment refers to the claimant raising concerns about dust levels in the warehouse and interim relief applications are typically associated with whistleblowing claims. The substantive claim has not yet been determined.

Facts

The claimant brought claims including constructive dismissal and apparent whistleblowing related to concerns about dust levels in the respondent's warehouse. His application for interim relief was refused on 24 July 2025. He applied for reconsideration on grounds of procedural unfairness (late service of respondent's submissions) and errors of law (misapplication of burden of proof and constructive dismissal test). The judge considered the application on papers.

Decision

Employment Judge Connolly refused the reconsideration application under rule 70(2) on the basis that there was no reasonable prospect of the interim relief judgment being varied or revoked. The judge found no procedural irregularity that adversely impacted fairness and considered alleged legal errors more appropriate for appeal than reconsideration.

Practical note

Reconsideration applications alleging legal errors in interim relief decisions are unlikely to succeed where the proper route is appeal, and procedural objections must be raised at the hearing rather than retrospectively.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 r.68Employment Tribunal Procedure Rules 2024 r.70

Case details

Case number
6022228/2025
Decision date
21 July 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No